Shoulder decisions — 2024

The appeal with respect to bilateral hearing loss and left shoulder dislocation for accrued benefits purposes, or on the basis of substitution is dismissed. The case is REMANDED for further clarification regarding whether the appellant wishes to proceed as a substitute claimant.

The Veteran's claims for service connection for chronic left shoulder pain and a back condition are being remanded due to the need for additional medical examination and opinion.

The Board has remanded the claims for service connection due to inadequate medical opinions provided by VA examiners. The Veteran's reports of a trailer falling on him during service are not considered in the current opinions.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2008.

The Board denied the Veteran's request to reenter a VR&E program at the 'rehabilitation to the point of employability' status, finding that his service-connected disabilities did not prevent him from performing the duties of his previous occupation and he had overcome any vocational impairment.

The Veteran's appeals for earlier effective dates and increased ratings based on CUE in the November 2013 rating decisions were dismissed as concurrent elections.

The Board denied the Veteran's claim for service connection for a right shoulder disability, finding that there was no evidence of chronicity or continuity of symptoms since separation from service and concluding that the current right shoulder disabilities did not have their onset during service.

The Board has decided to remand the Veteran's claims for sleep apnea, back disability, and right shoulder disability due to inadequate VA examinations. The Veteran will need new examinations to determine if his conditions are related to service or caused by other conditions.

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Board has determined that the VA examinations and opinions provided for these claims are inadequate due to a pre-decisional duty-to-assist error. The Veteran's statements about in-service onset of his disabilities have not been adequately addressed, and further examination is required.

The Board denied a higher disability rating for the Veteran's recurrent dislocation, right shoulder as his range of motion was not limited to 45 degrees (midway between side and shoulder level), which is required for a higher rating under Diagnostic Code 5201.

The Board has granted the claims for service connection for obstructive sleep apnea, right shoulder condition, and sternal pain due to the submission of new and relevant evidence. The cases are remanded for further development.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The Board found that the earliest possible effective date for service connection is September 24, 2014, for major depressive disorder, and March 8, 2011, for right shoulder rotator cuff tendinosis.

The Board has decided to remand the Veteran's claim of service connection for a right shoulder condition due to inadequate examination and failure to consider all relevant evidence, including presumptive service connection.

The Board has determined that the Veteran's right knee, left shoulder strain (including left shoulder disability), and right shoulder disabilities may be related to service. However, due to a lack of medical opinions addressing these issues, the case is being remanded for further evaluation.

The Veteran's service-connected conditions, including right upper extremity radiculopathy with muscle atrophy, major depressive disorder, and other disabilities, have rendered him in need of regular aid and attendance due to his inability to dress or undress himself, prepare meals, attend to the wants of nature, and require assistance for driving. The Board has determined that SMC based on the need for regular aid and attendance is warranted.

The Veteran's residuals of left ear tympanic membrane perforation are related to his active service.,The Veteran does not have a current hearing loss disability for VA purposes.

The Veteran's appeals for service connection on the issues of right shoulder, left shoulder, and fibromyalgia conditions have been remanded due to procedural errors. The issue of right knee condition has also been remanded for additional development.

The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.

The Veteran's appeal is remanded due to errors in the handling of her claims, including a failure to conduct an informal conference as requested. The issues are whether there was CUE in the April 2013 rating decision for migraine headaches and entitlement to an earlier effective date for left shoulder strain.